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HomeMy WebLinkAbout2177-P DATE: July 15, 2013 TO: Planning Commission and City Council FROM: Bill Cobabe, Senior Planner SUBJECT: Consider a request for a specific use permit to allow construction of a cell tower in a GC-MD (General Commercial-Multiple Family Dwelling) District FILE: 2177 – P ___ STAFF REPORT Planning staff recommends approval based on the following condition: 1. That the proposed lease property be situated on the site such that it does not come within 200’ of the property line of any residential zone. Cody Cogdill, on behalf of Verizon Wireless, Inc., is requesting a specific use permit to allow the construction of a cell tower. The subject property is located at 2120 Sabine Pass Avenue. The cell tower would have a significant impact on cell service and coverage in the area, including downtown and the port and nearby industrial areas. These areas have heavy usage, particularly with data usage, and this is expected to increase. The proposed lease area for the construction of the cell tower is too close to residentially zoned property. The ordinance states: Cellular telephone transmission towers shall be prohibited within two hundred (200) feet of a residentially zoned property. The method of measuring the distance between the cellular telephone transmission tower and the residential zoning district shall be from the nearest lease or property line of the cellular telephone transmission tower facility to the nearest residential district boundary. (Chapter 28 Section 28.04.008 Special Conditions (b)(24). There is sufficient space on the property to locate the cell tower within the 200’ required distance. Staff is recommending that this layout be a condition of approval. Exhibits are attached. PUBLIC NOTIFICATION Notices mailed to property owners 22 Responses in Favor Responses in Opposition LEGAL DESCRIPTION FOR ORDINANCE PURPOSES Being Lot 6, Block 2, of the Gray Addition, City of Beaumont, Jefferson County, Texas, containing 0.450 acre, more or less. ANALYSIS CONDITIONS FOR APPROVAL OF SPECIFIC USE PERMIT (SECTION 30-26.E, ZONING ORDINANCE) Application Application is in is not in Comments compliance compliance Attached Conditions: 1. That the specific use will be compatible with and not injurious to the use and enjoyment of other property, or significantly diminish or impair property values within the immediate vicinity; X X 2. That the establishment of the specific use will not impede the normal and orderly development and improvement of surrounding vacant property; X 3. That adequate utilities, access roads, drainage and other necessary supporting facilities have been or will be provided; X 4. The design, location and arrangement of all driveways and parking spaces provides for the safe and convenient movement of vehicular and pedestrian traffic without adversely affecting the general public or adjacent developments; X 5. That adequate nuisance prevention measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration; X 6. That directional lighting will be provided so as not to disturb or adversely affect neighboring properties; X 7. That there are sufficient landscaping and screening to insure harmony and compatibility with adjacent property; and, X 8. That the proposed use is in accordance with the Comprehensive Plan. X ANALYSIS continued Comments on items noted above: 1. The current proposed layout of the property lease is too close to adjacent properties that are zoned residential. However, sufficient area exists on the site to shift the location of the cell tower lease so that it is in compliance with the code noted above. GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: Cody Cogdill, for Verizon Wireless PROPERTY OWNER: Bernard and Mary Daleo LOCATION: 2120 Sabine Pass Avenue EXISTING ZONING: GC-MD (General Commercial – Multiple Family Dwelling) District PROPERTY SIZE: ~0.450 acres EXISTING LAND USES: Vacant FLOOD HAZARD ZONE: X – Area determined to be outside the 500 year flood plain SURROUNDING LAND USES: SURROUNDING ZONING: NORTH: Commercial GC-MD (General Commercial – Multiple-Family Dwelling) District EAST: Residential/ Park GC-MD SOUTH: Commercial GC-MD WEST: Vacant GC-MD COMPREHENSIVE PLAN: Conservation and Revitalization STREETS: Sabine Pass Avenue – Local street with 54’ wide right-of-way and 38’ pavement width DRAINAGE: Curb and gutter WATER: 6” Water line SANITARY SEWER SERVICE: 33” Sanitary sewer line PROPERTY OWNERS BEAUMONT ISD BERRY FLOYD BERRY FLOYD BERRY FLOYD BERRY FLOYD ET UX BERRY FLOYD ET UX CITY OF BEAUMONT CITY OF BEAUMONT CITY OF BEAUMONT CITY OF BEAUMONT CITY OF BEAUMONT CITY OF BEAUMONT DALEO BERNARD KELLY WINDA KEYES HENRY LAMAR UNIVERSITY FOUNDATION LUQUETTE KATHRYN ESTATE MANCHESTER SLING CORP STATEWIDE CONSOLIDATED THOMAS GAYLYNN TWYMON CAROLYN C WEST KIMBERLY S